Your product’s appearance—whether a logo, physical design, or digital interface—is often what sets it apart in the market. In Spain, design rights allow you to legally protect the look and feel of your creations from imitation or copying.
This guide explains how to register and enforce design rights in Spain, and how they differ from trademarks and copyrights.
🧾 What Is a “Design” Under Spanish Law?
A design refers to the appearance of the whole or a part of a product, including:
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Shape
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Patterns
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Lines
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Colors
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Texture
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Packaging
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UI elements (digital products)
To qualify for protection, the design must be:
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New (not previously disclosed)
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Have individual character (not too similar to existing designs)
🏛️ Where to Register Design Rights
| Jurisdiction | Authority | Scope |
|---|---|---|
| National | OEPM | Spain only |
| EU-wide | EUIPO | All 27 EU member states |
| International | WIPO (Hague System) | 90+ countries |
📝 Design Registration Process (Spain & EU)
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Prepare design representations (images, renderings, etc.)
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Choose registration scope: Spain, EU, or global
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Submit application (OEPM or EUIPO)
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No substantive examination — registration is typically granted quickly
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Publication or deferment option (you can delay disclosure for 30 months)
🕒 Timeline: ~1–2 weeks
💶 Fees: Start at ~€70 for one design in Spain, ~€350 for EU-wide protection
📆 Duration and Renewal
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Registered designs last 5 years, renewable every 5 years
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Up to 25 years total protection
🤖 What About Digital Interfaces?
Digital products (e.g. app UIs, icons, website layouts) can be protected if their visual elements meet originality standards.
This complements, but does not replace, software copyright.
⚖️ Enforcement of Design Rights
If your registered design is copied:
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Send a cease and desist letter
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File a civil claim in Spanish commercial courts
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Request injunctions, damages, and destruction of infringing products
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Take action at EUIPO for EU-wide disputes
Customs enforcement is also possible to block counterfeit imports.
🧠 Difference Between Design Rights, Copyright, and Trademarks
| Feature | Design Right | Copyright | Trademark |
|---|---|---|---|
| Protects | Visual appearance | Expression of ideas | Brand identifiers |
| Duration | Up to 25 years | Life + 70 years | Renewable indefinitely |
| Registration | Required (for full rights) | Not required | Required |
| Scope | Spain, EU, global | Spain, EU, global | Spain, EU, global |
🤝 How Borderless Lawyers Can Help
We help creators and businesses:
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Register product or interface designs
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Choose the right IP strategy (design + trademark + copyright)
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Defend against infringement
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Enforce rights across EU markets
📞 Have a logo, packaging, or interface to protect? Our design rights lawyers are ready to assist.